Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.
The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Probate is the legal process of transferring assets and property of a deceased person, known as the decedent, to their beneficiaries or heirs. In North Carolina, there are several Probate forms that are commonly used to initiate and manage the probate process. These forms are crucial for ensuring a smooth and orderly transfer of assets and settling the decedent's estate. 1. Application for Letters Testamentary or of Administration: This form is used to apply for the appointment of a personal representative or executor/administrator to oversee the probate process. It includes information about the decedent, their heirs, any existing will, and other relevant details. 2. Petition for Probate and Letters Testamentary or of Administration: Similar to the application form, this petition is used to initiate the formal probate proceedings and request the court's approval to appoint a personal representative. It provides information about the decedent's estate, any existing will, the proposed personal representative, and other necessary details. 3. Inventory Form: This form is used to provide a comprehensive inventory of all the assets, properties, and debts of the decedent's estate. It requires detailed information regarding bank accounts, real estate, vehicles, investments, debts, and other valuable possessions. 4. Oath and Bond of Personal Representative: This form is required once a personal representative is appointed by the court. It necessitates the personal representative to take an oath of office, affirming their responsibilities and fiduciary duties, and may require them to post a bond as a financial guarantee to protect the estate's assets. 5. Notice of Creditors: This form is used to notify creditors about the decedent's death and provide them with an opportunity to file claims against the estate if they believe they are owed any money. It includes details about the decedent, the personal representative, and the deadline for filing claims. 6. Final Account and Report: This form is used by the personal representative to provide a detailed account of all the financial transactions and distributions made during the probate process. It includes information about income, expenses, taxes paid, distributions to beneficiaries, and any outstanding debts. It is important to note that the specific forms and requirements for probate in North Carolina may vary depending on the circumstances, the value of the estate, and whether the decedent had a valid will. Consulting with an attorney experienced in probate matters is highly recommended ensuring that the correct forms are used and the probate process proceeds smoothly and in compliance with state laws and regulations.
